Moore v The Elevate Group Limited [2012] NIIT 01156_12IT (17 January 0 2012)

Moore v The Elevate Group Limited [2012] NIIT 01156_12IT (17 January 0 2012)

The claimant was not entitled to redundancy pay, holiday pay, or pay in lieu of notice because there was no dismissal by the employer and the statutory requirements for redundancy following lay off were not met. However, the claimant was entitled to unpaid wages as there was no contractual entitlement for the respondent to lay off without pay and no wages were paid for the relevant period.

Citation
[2012] NIIT 01156_12IT
Parties
Claimant: Eamonn Moore; Respondent: The Elevate Group Ltd
Jurisdiction
Northern Ireland
Procedural Posture
Employment Tribunal / Final Decision
Outcome
partially allowed
Legal Topics
Redundancy Pay, Holiday Pay, Pay in Lieu of Notice, Unpaid Wages, Lay Off, Termination of Employment
Employment Law Redundancy Pay Holiday Pay Pay in Lieu of Notice Unpaid Wages Lay Off Termination of Employment

Case Brief

Summary, issues, holding and outcome

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Parties

Eamonn Moore

Claimant

The Elevate Group Ltd

Respondent

Procedural Posture

Employment Tribunal / Final Decision

Legal Issues

  1. 1 Whether the claimant is entitled to redundancy pay
  2. 2 Whether the claimant is entitled to holiday pay
  3. 3 Whether the claimant is entitled to pay in lieu of notice

Ratio Decidendi

The claimant was not entitled to redundancy pay, holiday pay, or pay in lieu of notice because there was no dismissal by the employer and the statutory requirements for redundancy following lay off were not met. However, the claimant was entitled to unpaid wages as there was no contractual entitlement for the respondent to lay off without pay and no wages were paid for the relevant period.

Court Disposition

partially allowed

Orders

  • Claim for unpaid wages allowed; respondent to pay claimant £3,014.28
  • Claims for redundancy pay, holiday pay, and pay in lieu of notice dismissed